Braj Mohan Rai @ Braj Mohan Kumar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8266 of 2018 Arising Out of PS.Case No. -16 Year- 2017 Thana -PARU District- MUZAFFARPUR ======================================================
1. Braj Mohan Rai @ Braj Mohan Kumar Son of Nagendra Rai
2. Balendra Rai Son of Singhasan Rai
3. Nagendra Bhagat Son of Dev Nandan Bhagat All Resident of VillageJagdishpur Dharma, P.S.-Paru District-Muzaffarpur.
4. Arvind Kumar Yadav Son of Ram Dayal Rai, Resident of VillageChainpur, Cheutaha, P.S.-Paru District-Muzaffarpur. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Baleshwar Kamat For the Opposite Party/s : Mr. Sri Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-02-2018 Heard both sides.
The petitioners apprehend their arrest in Paru P.S. case No. 16 of 2017 under Section 353 and other Sections of the Indian Penal Code.
The gist of the allegation is that one Amrendra Kumar, ex-Mukhiya of Jagdishpur Panchayat and husband of present Mukhiya, was shot dead by criminals. The informant alleged that Surendra Bhagat, Mukhiya of Malahi Panchayat, led the mob and blocked the road. The petitioner is also one of the participants of the mob.
The learned counsel for the petitioner submits that
Patna High Court Cr.Misc. No.8266 of 2018 (2) dt.17-02-2018 2/2 no overt act is alleged against the petitioner. Many villagers were making protest against the inaction of police on account of death of former Mukhiya, who was shot dead by the criminals. Considering the facts aforesaid and the nature of allegation made against the petitioners, the petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt/ production of a copy of this order are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-III, West, Muzaffarpur in connection with Paru P.S. case No. 16 of 2017, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J) BKS/- U T